As used in this article, the following words shall have the
meanings indicated:
ADEQUATE RADIO COVERAGE
A.
The minimum usable signal required to provide a clear message
that is intelligible and where each word is understandable in the
presence of occasional noise or occasional distortion in 95% of the
area of each floor of the building when transmitted from the closest
Toms River Township emergency services site. For purposes of this
article, "emergency service" shall mean police, fire, and EMS radio
communications system site;
B.
The minimum usable signal required to provide a clear message
that is intelligible and where each word is understandable in the
presence of occasional noise or occasional distortion at the closest
Toms River Township emergency services radio communications site when
transmitted from 95% of the area of each floor of the building;
C.
The frequency range which must be supported shall be 500 MHZ
to 506 MHZ, 154.430, 154.175, 154.205, 154.265, 159.375, 153.830,
155.175, 155.340, and 155.280 VHF; and
D.
A reliability factor of 100%.
GROSS FLOOR AREA
The sum of the areas of the floor or floors of a building,
which are enclosed and suitable for human occupancy and having a clear
ceiling height of at least seven feet, six inches, but including closet
space, attached garages and hallways and excluding cellars, attics,
dead air space, open porches, breezeways, and all accessory buildings.
Such area shall be measured from outside to outside of exterior walls.
HEIGHT
The vertical distance measured from the average elevation
of the finished grade at the front of the structure to the highest
point of the roof for flat roofs, and to the mean height between eaves
and ridge for gable, hip and gambrel roofs.
STRUCTURE
Any combination of materials forming a construction, assembly
or erection, the use of which requires location upon or below the
ground or attachment to something having a location upon or below
the ground, including, among other things, buildings, motor vehicle
parking garages, fences, walls, signs, radio towers, swimming pools,
light stanchions, platforms and manufactured/mobile homes.
The owner of a structure used as a motor vehicle parking facility
and the owner of each nonresidential structure in the Township, which
is 250,000 square feet or more of gross floor area and 35 feet or
more in height, must annually apply for and receive a license from
the Township for each structure. No structure required under this
article to be licensed shall be used or occupied unless licensed.
Licenses shall be issued on a calendar-year basis. Application for a license hereunder shall be secured from the office of the Township Clerk. Completed applications, together with a fee as provided in Chapter
287, Fees, shall be filed no later than November 1 prior to the license year.
No structure shall be licensed unless there is adequate radio
coverage as verified by a radio coverage survey as described hereafter,
except that a license may be issued for the first calendar year following
adoption of this article if:
A. A complete application is filed;
B. The application fee is paid;
C. The testing procedure described in §
308-96 is undertaken and results obtained;
D. The applicant presents a viable plan, for assuring adequate radio
coverage will be achieved, within nine months from the effective date
of this article; and
E. The applicant submits a written certification that all necessary
steps to achieve adequate radio coverage will be completed prior to
one year from the effective date of this article.
In order to determine if a new building or structure needs radio
equipment, a computer-generated radio coverage prediction using a
state-of-the-art propagation analysis system such as RCC's COMSITE
or its equivalent will be performed against the above criteria by
Toms River Township authorized personnel. If a determination is made
that the new building or structure needs radio equipment, a certificate
of occupancy shall not be issued until the new radio equipment is
tested and meets the adequate radio coverage as described in this
article.
Buildings and structures which cannot support the required level
of radio coverage shall be equipped with either a radiating cable
system or an internal multiple-antenna system with or without FCC-type
accepted bidirectional 500 MHZ amplifiers as needed. If any part of
the installed system or systems contains an electrically powered component,
the system shall be capable of operating on an independent battery
and/or generator system for a period of at least 12 hours without
external power input. The battery system shall automatically charge
in the presence of an external power input.
All tests shall be conducted, documented and signed by a person
in possession of a current FCC license, or a current technical certification
issued by the Associated Public Safety Communications Officials International
(APCO) or the Personal Communications Industry Association (PCIA).
The building owner shall retain all test records on the inspected
premises and a copy submitted to the appropriate Toms River Township
emergency services communications department.
Toms River Township emergency services personnel and/or their
technical representatives after providing reasonable notice to the
owner or his representative shall have the right to enter onto the
property to conduct field testing to be certain that the required
level of radio coverage is present. Before doing so, the Fire Prevention
Bureau shall notify the various police, fire, and EMS serving the
Township that such field testing is being scheduled, so that if any
such companies/squad want to participate in such field testing, they
may do so at the same time as the field testing is being done by the
Police Department.
Any person, partnership, limited-liability company, corporation
or other entity who shall violate any provision of this article, shall,
upon conviction thereof, be subject to the maximum fines and penalties
established under N.J.S.A. 40:49-5 and 40:69A-29, and as same shall
be amended from time to time. Each and every day a violation of this
article shall exist shall constitute a separate violation.